Important instructions of SC on cases of dowry death - it is not necessary to prove that demand for dowry took place immediately before the death of the woman

According to section 304B, if a woman has died of burns, injuries, or any unnatural cause within 7 years of her marriage and it is proved that the woman was being tortured for dowry before her death, then this dowry There will be a case of death.(judgement on 304b and 498a)

New Delhi: The Supreme Court has issued new directions on cases related to dowry death. The court has said that in such cases it is not necessary to prove that the demand for dowry was made immediately before the unnatural death of the woman. If even sometime before death, pressure for dowry and harassment is proved, it will be sufficient to punish in such cases. the latest judgment of the supreme court on 304b

In a case of dowry death, the Supreme Court has given some important directions to the lower courts on the cases related to Section 304B of the IPC, justifying the sentence of 7 years given to the convicts by the lower court and the High Court. Before talking about these directions issued by a bench headed by Chief Justice NV Ramana in the case 'Satbir Singh vs Haryana' today, it is necessary to understand what this section of the IPC says?(latest judgement of supreme court on 304b)

According to section 304B, if a woman has died within 7 years of her marriage due to burn, injury or any unnatural cause and it is proved that the woman was being tortured for dowry before her death, then this dowry There will be a case of death. Section 113B of the Evidence Act will apply in such cases. Like in other cases, it will not be the responsibility of the accused party to prove the crime, but it will be the responsibility of the defense to prove himself innocent. If the accused is unable to provide evidence to prove his innocence about his role in the death of the woman, he will be considered guilty. Under this section, the guilty can be punished with imprisonment for a minimum period of 7 years and a maximum of life imprisonment.(latest judgement of supreme court on 304b)

The Supreme Court, while giving very important instructions regarding the cases under Section 304B of IPC, has said that:-(latest judgment of the supreme court on 304b)

i. The purpose of this section should be remembered during the trial. It was added to the IPC to control social evils like the burning of women and the demand for dowry.

ii. It should also be noted that this section does not differentiate between murder, suicide, and death by accident. Only unnatural death has been said.

ii. Under CrPC 232, the court should hear the arguments of the accused and the defense. After going through the statement of the accused and the evidence placed against him, decide whether the accused should be acquitted. If the court's conclusion is not to acquit, then give a stipulated time to the defense to present its arguments.

iii. While recording the statement of the accused under CrPC 313, utmost seriousness should be taken. The court should inform the accused of the evidence available against him and give him an opportunity to give his explanation about it. Can explain why he should not be held responsible for the death.      (latest judgement of supreme court on 304b)

iv. It is not necessary that 'immediately before' written in section 304B should be taken as the time very near to death. If the court finds concrete evidence of dowry harassment even before that, then the guilt can be proved on the basis of that.

v. It has been observed that the family of the victim sometimes adds the names of the relatives of the in-laws who live far away in the case. who has nothing to do with the case? The judge also pays attention to this aspect during the trial.